The proposal of a city to establish, acquire, lease, or dispose of a city utility, except a sanitary sewage or storm water drainage system, in order to undertake or to discontinue the operation of the city utility, or the proposal to establish or dissolve a combined utility system, or the proposal to establish or discontinue a utility board, is subject to the approval of the voters of the city, except that a board may be discontinued by resolution of the council when the city utility, city utilities, or combined utility system it administers is disposed of or leased for a period of over five years.
The proposal may be submitted to the voters at any city election by the council on its own motion. Upon receipt of a valid petition as defined in section 362.4, requesting that a proposal be submitted to the voters, the council shall submit the proposal at the next regular city election.
A proposal for the establishment of a utility board must specify a board of either three or five members.
If a majority of those voting for and against the proposal approves the proposal, the city may proceed as proposed.
If a majority of those voting for and against the proposal does not approve the proposal, the same or a similar proposal may not be submitted to the voters of the city for at least four years from the date of the election at which the proposal was defeated.
[C73, § 471; C97, § 720, 721; S13, § 720, 721; C24, 27, 31, 35, 39, § 6131--6133, 6144; C46, 50, 54, 58, § 397.5--397.7, 397.29; C62, 66, 71, 73, § 397.5--397.7, 397.29, 397.43; C75, 77, 79, 81, § 388.2]
90 Acts, ch 1206, §4
City elections held after June 30, 1993, on issue of offer of communications or telecommunications systems or services and actions of utilities board deemed valid; 99 Acts, ch 63, §8
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